Title
Annual Review and Updates to the Neighborhood Services Department's Code Enforcement Policy
Description
Request City Council approval of changes to the Neighborhood Services Department's (NSD) Code Enforcement Policy (CEP), based on the annual review.
Report
Summary
The CEP provides guidelines for enforcement of the Neighborhood Preservation Ordinance, Zoning Ordinance, and portions of other city codes/ordinances enforced by NSD. Each year, staff present a review of the policy with any recommended updates to the City Council, as stated in the policy, which was last updated June 15, 2022.
The CEP is comprised of five sections. Sections I through III of the CEP establish the purpose of standard code enforcement and the notification and enforcement options available to inspection staff; define recidivist person/properties and the possible consequences for repeat offenders; and describe the inspection and enforcement protocols for resident complaints, with exceptions for proactive code enforcement in the immediate area of a complaint and in strategic initiative areas. Section IV includes information encouraging the use of hardship assistance programs for low- and moderate-income households where funding is available. Section V provides guidance for NSD to work cooperatively with other departments and agencies to resolve complex and hazardous cases.
In March 2023, staff provided a presentation to the Community and Cultural Investment Subcommittee on the required annual review of the CEP. The presentation included the following possible updates identified by staff, City Council and the community to clarify and clean up current language and propose additional language to allow deviations from the standard enforcement process to address specific violations:
- Additional language addressing hardships related to homelessness and modification of the enforcement process to include increased communication about available resources to support compliance.
- Clarification of exceptions regarding health, safety, episodic and egregious violations.
- Additional language about enforcement limitations in private communities.
- Simplification of the pre-notification requirement regarding confusing recidivist language more appropriately provided in the Notices of Ordinance Violation (NOV).
- Revision of the definition of recidivist to 12 months to be consistent with NSD's strategic enforcement process.
During the presentation, a member of the subcommittee also recommended NSD include a statement of intent in the policy.
Public Outreach
Following the Subcommittee presentation, NSD held three community outreach meetings: two virtual and one in-person. Outreach included social media (FaceBook, Twitter, Next Door, NSD Internet website), Neighborhood Associations listed with the Department, Arizona Multihousing Association and Arizona Association of Realtors. Approximately 56 residents attended the meetings and provided feedback on the proposed changes. Overall, staff received positive feedback and support for the proposed changes, with one resident expressing concern about the proposed language addressing hardships related to homelessness. Additionally, the community provided input specific to short term rental properties and the length of time for NOVs. Based on the feedback, staff added the following recommended changes:
- Statement of Intent.
- Language to address Short Term Rentals as part of the episodic violations.
- Standard timelines for NOV re-inspections, which are part of NSD's existing standard code enforcement practice.
All staff recommended updates to the CEP are highlighted in Attachment B, with the current CEP provided as Attachment A for reference.
Concurrence/Previous Council Action
On May 3, 2023, the Community and Cultural Investment Subcommittee unanimously recommended City Council approval of the CEP updates by a vote of 4-0.
Department
Responsible Department
This item is submitted by Deputy City Manager Gina Montes and the Neighborhood Services Department.